SIXTH DAY.

Tuesday, January 21, 1868.

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The Convention assembled at 12 M., and was called to order by the PRESIDENT.

Prayer was offered by Rev. A. WEBSTER.

The roll was called, and a quorum answering to their names, the PRESIDENT announced the Convention ready to proceed to business. The Journal of Monday was read and approved.

The PRESIDENT called for reports of Standing Committees.

Mr. F. J. MOSES, Jr., from the Committee on the Executive part of the Constitution, to whom was referred a preamble and resolutions concerning a petition to General Canby, to suspend for three months all sales of property under execution for debts contracted prior to the 30th of June, 1865, reported that they had considered the same, and unanimously recommend that they do pass.

Mr. B. O. DUNCAN moved the adoption of the report.

Mr. J. M. RUTLAND moved that the report be made the Special Order for one o'clock to-morrow, which was agreed to.

Mr. F. J. MOSES, Jr., from the same Committee, to whom was referred the preamble and resolutions in relation to the employment by the Convention of the legal services of Major C. D. Melton, State Solicitor, in the preparation of Ordinances and other papers, reported that they had the same under consideration and unanimously recommend that it do pass; they also recommend that Major D. T. Corbin, United States District Attorney, be included in the resolution, and that he be requested to act as a Solicitor for this body, and that he be allowed the pay and mileage contemplated by the resolutions.

Mr. J. J. WRIGHT. I would like to ask whether the first gentleman mentioned in the resolution is not disfranchised ?

Mr. MOSES. I will answer the question in the affirmative, together with the information that I introduced the resolution. The resolution called for the employment of Major Melton's services as State Solicitor, an officer of the State government. His disfranchisement therefore

would have nothing to do with it.

Mr. WRIGHT. That does not answer my question, which is, whether the gentleman is disfranchised under the constitutional amendment. I am informed that he is. If so, I am opposed to asking him to do this work for us. But I am not opposed to having a Solicitor. If we elect the gentleman proposed, we elect one that cannot, as the law stands now,

or as we regard it, be elected to any office in this State. Under that law no person can be elected to any office unless they are enfranchised, and provisions, are made for enfranchisement, I presume there is no one in

this Convention but what is willing from his heart to recommend the enfranchisement of any person desiring it.

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Mr. J. M. RUTLAND. I think the gentleman from Beaufort has entirely misapprehended the question. It is not whether a State officer shall be elected to fill the position named, but whether he shall be called -be commanded as a State officer already, to aid in the performance. of certain duties. Major Melton is not a candidate for any office in the gift of the Convention. He is already a Solicitor, and if this invitation be extended to him, I may say. from my personal acquaintance, there is no man in South Carolina of a higher order of talent, or more competent to aid in preparing business in proper shape for the consideration of the Convention.

The question being taken on the adoption of the report, it was decided in the affirmative.

The resolution is as follows:

WHEREAS, in all Conventions in South Carolina heretofore held, it has been a wise and salutary custom to have the assistance and aid of the State Solicitors in the legal preparation of ordinances and other papers; and whereas, it is the earnest desire of this Constitutional Convention to perform the important duties entrusted to it in such a manner as will commend it to the praise and approval of all law-abiding citizens; there

fore be it

Resolved, That the necessary steps shall be taken by this Convention to secure the legal services of Major C. D. Melton, of York District, and Major D. T. Corbin, United States District Attorney, of Charleston, should they be willing to lend us their aid in hastening forward the work of reconstruction, a room in this building be assigned to their use, and the per diem and mileage of delegates be allowed to each of them.

Mr. LEMUEL BOOZER, of Lexington, from the Committee on the Miscellaneous Provisions of the Constitution, to whom was referred a resolution that a Committee of five shall be appointed to proceed to Columbia and investigate certain reports concerning the penitentiary, reported that they had considered the same, and that, in the opinion of the Committee, its subject matter was one which belonged exclusively to the Committee on the Judiciary, since the resolution was a proposition to appoint a commission to review the action of the Judiciary of the State.

Mr. C. C. BOWEN. The house having thought proper to refer those documents to that Committee, I do not think the Committee can come back and say to the house it is not a proper subject for their Committee.

It might at least have been discussed. I therefore move that the report be recommitted to the same Committee.

Mr. BOOZER. Nothing is more common, as every gentleman at all acquainted with legislative proceedings knows, than for Committees to be discharged from the consideration of subjects referred to them, when the subject properly belongs to some other Committee. The matter was not brought to the attention of the Convention yesterday when it was referred, but the Committee, on undertaking to investigate it, found that it did not properly belong to them, and they unanimously directed me to make the report presented to the house. The subject matter of the resolution is entirely of a judicial character, and has nothing to do with Miscellaneous Provisions of the Constitution.

Mr. R. H. CAIN moved that it be referred to the Judiciary Committee, which was agreed to.

Mr. R. C. DELARGE made a verbal report of the Committee on Printing, and asked for further time, which was granted.

The PRESIDENT announced that the hour had arrived for the consideration of the Special Order, which was the excuses tendered by the delegates from Lexington and Orangeburg.

On motion of Mr. R. C. DELARGE, the Special Order was discharged. Mr. BOOZER asked how this action affected the applications to be excused from serving on Committees.

The PRESIDENT said the gentlemen would not be excused from serving.

Mr. B. F. RANDOLPH moved a reconsideration.

Mr. R. C. DELARGE.

The gentleman cannot move a reconsideration as he did not vote in the affirmative. I move a reconsideration. The question was put, and the house refused to reconsider.

Mr. W. E. ROSE, offered the following, which was agreed to:

Resolved, That the President be authorized to appoint a Reading Clerk for this Convention.

Mr. R. C. DELARGE moved a reconsideration, and that the motion to reconsider be laid on the table, which was agreed to.

Mr. T. HURLEY offered the following, which was referred to the Committee on Franchise and Elections:

Resolved, That all elections hereafter held in this State shall be free and voluntary; that any elector allowing himself to be bribed or corrupted by meat, drink, money or otherwise, shall be punished therefor; and if any person who shall directly or indirectly give promise of, or bestow any such rewards be elected, he shall thereby be rendered inca

pable to hold any office of trust for a period of ten years, and be punished by fine and imprisonment, as the law shall hereafter direct.

Mr. H. E. HAYNE moved to lay the resolution on the table, which was not agreed to.

Mr T. HURLEY also offered the following which was referred to the Committee on Miscellaneous Matters:

Resolved, That all able-bodied male citizens in the State between eighteen and forty-five years of age, except such persons as are exempt by law, shall be enrolled, armed, equipped and trained as the Legislature may provide. All officers shall be commissioned by the Governor, and hold their commissions during good behaviour. The Legislature shall organize the divisions in brigades and regiments. The Governor shall appoint all officers above the rank of major, and majors and other subordinate officers shall be elected by the several commands.

Mr. S. A. SWAILS offered the following:

Resolved, That the President be empowered to appoint a janitor for this building, and that the said janitor be authorized to appoint an assistant.

Mr. R. C. DELARGE. I trust the motion will be voted down. We have enough persons serving the Convention in various capacities who can take care of the books and papers. The owner of the building has already taken the precaution to place the building in charge of a keeper who lives on the premises. I hope we will consider the condition of the State Treasury.

The resolution was not agreed to.

Mr. J. M. RUNION offered the following:

We the people of the State of South Carolina, by our delegates in Convention assembled, do ordain, That the inferior Courts of each District, known as District Courts, be, and the same are hereby, abolished, and all judgments and decrees of such Courts rendered after the passage of this Ordinance shall be null and void.

Mr. J. C. NEAGLE, of York, moved that the Convention go into Committee of the Whole on this subject.

The PRESIDENT explained that all resolutions whose object is of a permanent character are required by rule to be referred to a Committee before they can be considered, unless the Convention suspend the rules for the purpose of immediate consideration.

Mr. B. F. WHITTEMORE, of Darlington, moved to suspend the rules.

The motion was agreed to.

Mr. R. C. DELARGE called for the ayes and noes.

Mr. L. S. LANGLEY desired to know if a member had a right to call the ayes and noes after a vote is announced.

The PRESIDENT. If the matter has not been recorded previous to the call for the ayes and noes, the call is in order.

The question being on resolving the Convention into Committee of the Whole was then taken, and likewise decided in the affirmative.

Mr. J. M. RUTLAND took the Chair.

Mr. R. C. DELARGE. I desire to say but a few words on this subject. I trust the Ordinance as presented will not be adopted. I feel, and I suppose every gentleman on the floor feels, that it is one of the most important measures this Convention could enact. We propose to strike out one of the higher branches of the government of this State, the Judiciary. I hope that delegates who regard the State District Courts as superfluous will yet give the subject that grave consideration which its importance demands. I agree with the spirit of the ordinance. I believe these Courts unnecessary for the administration of justice. From their action I have always felt that many of them trifled with the rights and liberties of the parties brought up for trial. But opposed as I am to them, I am still more strongly opposed to hurrying through a matter of such grave importance. As I understand the resolution, it is to do away immediately with these Courts. I would like to know whether in abolishing these Courts now, we would not in some way retard justice. I hope it will be referred to the appropriate Committee, who can give the subject a careful consideration, and members, when it comes up again, may vote understandingly. I trust we will not allow our personal feelings to cause us to rush through this grave matter, requiring the utmost deliberation.

Mr. L. S. LANGLEY. I am opposed to the resolution, not only because I believe the Convention has no power to legislate, but because a resolution has already been introduced and referred to the Judiciary Committee, inquiring as to what power of legislation the Convention possesses. I am also opposed to pushing such important matters through hastily, and opposed to any legislation not necessary to the formation of a Constitution by this Convention. I hope it will be voted down. I do not believe the Convention has any right to legislate on any matter outside of the Constitution.

Mr. JOS. H. RAINEY. I cannot for one moment see how the abrogation of the District Courts will meet the aim intended by the mover. So long as the present code of laws of the State exist, there can be no remedy in that direction. It matters not in what Courts the different